6 What are the consequences of death?
The spouses inherit from each other regardless of which matrimonial property regime is applicable. For example, in the case of the community of property regime, the surviving spouse retains his/her share amounting to one half of the community property and acquires an appropriate share in the community property to which the deceased spouse was entitled. In the case of intestacy, the deceased’s children and spouse are by law called to succeed first, and they inherit in equal shares. However, the share to which the surviving spouse is entitled may not be less than one quarter of the entire estate. If the deceased leaves no descendants, the inheritance falls to the surviving spouse and the parents of the deceased. If one of the deceased's parents has died before the inheritance is opened, the part of inheritance to which the deceased parent would have been entitled is inherited by the deceased spouse’s siblings in equal shares. The surviving spouse’s share in the inheritance amounts to half of the inheritance if he/she inherits alongside the deceased’s parents, siblings and descendants of the deceased's siblings. Should the deceased leave no descendants, parents, siblings or descendants of siblings, the entire estate falls to the surviving spouse (Art. 931-933 of the Civil Code).
The surviving spouse and other relatives of the deceased who lived with the spouses until the date of the deceased's death are entitled to continue to use the house and its appliances in the same manner until three months after the opening of the inheritance (Art. 923 para. 1 of the Civil Code).
Choose another topic of
Couples in Poland
Current country: Germany